HOUSE OF REPRESENTATIVES
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO SOLID WASTE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to:
(1) Clarify that the solid waste management surcharge applies to certain solid waste disposed of in landfills or shipped outside the State for disposal;
(2) Clarify that the solid waste management surcharge applies to solid waste disposed of at waste-to-energy facilities that accept at least one hundred fifty thousand tons of solid waste annually; and
(3) Amend solid waste management surcharge amounts using a tiered structure commensurate with the impact of the means of disposal on the department of health.
SECTION 2. Section 342G-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Waste-to-energy facility" means a facility that uses a waste source either to create energy in the form of electricity or heat or to derive a form of fuel through processes that include incineration, gasification, thermal depolymerization, pyrolysis, plasma arc gasification, anaerobic digestion, fermentation, or mechanical biological treatment."
SECTION 3. Section 342G-62, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) There is established a solid waste
management surcharge. The solid waste management surcharge shall be [
per ton of solid waste disposed of within the State at a permitted or
solid waste disposal facilities.] landfill or
transferred to a solid waste reduction facility within the State that collects
solid waste for transport to an out-of-state landfill or incineration facility;
provided that there shall be no surcharge for ash originating from
waste-to-energy facilities within the State that is disposed of at any
permitted or unpermitted landfill within the State; and
(2) cents per ton of solid waste disposed of within the State at a permitted or unpermitted waste-to-energy facility; provided that there shall be no surcharge for solid waste disposed of within the State at a permitted or unpermitted waste-to-energy facility that accepts less than one hundred fifty thousand tons of solid waste annually.
The surcharge shall be paid by the person or entity
doing the disposal[
.] at a permitted or unpermitted landfill or at a
permitted or unpermitted waste-to-energy facility, or the person or entity
responsible for the preparation of the out-of-state transfer of collected solid
waste, as the case may be. The owner or operator of the landfill or
facility shall transfer all moneys collected from the surcharge to the
department through a quarterly reporting and payment schedule. Estimates of
quarterly solid waste disposal shall be submitted prior to the first day of
each quarter and the transfer of moneys collected shall occur within thirty
days of the end of each quarter."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act, upon its approval, shall take effect on January 1, 2014.
Solid Waste; Disposal Surcharge
Amends the solid waste management surcharge for solid waste disposed of in landfills, shipped out-of-state, or disposed of at waste-to-energy facilities. Provides for no surcharge for small waste-to-energy facilities and for ash disposed that originates from a waste-to-energy facility. (HB901 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.